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EAC LDC Stakeholder's Meeting Agenda 04/03/2009 Environmental LDC Amendments Stakeholders Meeting Community Development and Environmental Services Division 2800 North Horseshoe Drive, Naples, Florida April 3, 2009 1:00 p.m. until 4:00 p.m. Rooms 609/610 Agenda 1. Schedule for 2009 LDC amendments 2. EAR-based amendments to the Conservation and Coastal Management Element 3. Other environmental amendments (Manatee Protection Plan shoreline amendment) 4. Roundtable discussion a. Created preserves and off-site vegetation retention alternatives b. Dimensional criteria for preserves c. Listed plants and other species d. Native vegetation definition 5. Next Meeting lenberger_s From: lenberger_s Sent: Monday, March 16, 2009 12:21 PM To: TorreJohn; hetzel_I Cc: ashton_h; lorenz_w Subject: Stakeholders meeting for Environmental LDC amendments John/Lavah: attached is a public notice for another environmental stakeholder meeting to be held by our department. Please advise if there is anything else you need from me for processing.Thank you! Stephen Stephen Lenberger Senior Environmental Specialist Engineering and Environmental Services Department (239) 252-2915 SteveLenberger@colliergov.net A Public Notice locument 040309... 1 .O1'LI� 7., • Collier CountyGovernmentIN , Communication & Contact: Sandra Arnold-Lawson Customer Relations Department Public Information Coordinator 3301 East Tamiami Trail (239) 252-8308 Naples, FL 34112 March 16, 2009 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY, FLORIDA Friday, April 3, 2009 1:00 p.m. A public meeting will be held to discuss environmental Land Development Code amendments on Friday, April 3 at 1:00 p.m. in conference rooms 609 & 610 at the Community Development and Environmental Services Division Service Center, 2800 N. Horseshoe Drive, Naples. Attention: two or more members of the Collier County Planning Commission may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at a Collier County Planning Commission meeting. Attention: two or more members of the Environmental Advisory Council may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at an Environmental Advisory Council meeting. Attention: two or more members of the Development Services Advisory Committee may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at a Development Services Advisory Committee meeting. Attention: two or more members of the Conservation Collier Land Acquisition Advisory Committee may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at a Conservation Collier Land Acquisition Advisory Committee meeting. Attention: two or more members of the Habitat Conservation Advisory Committee may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at a Habitat Conservation Advisory Committee meeting. The meeting is open to the public. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 252-8380; assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Stephen Lenberger in the Engineering and Environmental Services Department at 252-2915. -End- Environmental LDC Amendments Stakeholders Meeting April 3, 2009 1:00 p.m. Signup Sheet Name E-mail address 5t9#01/ /l� G� ..S.'71-ei/e Zell 6e1- 6)i- c-(2///6"9«�e, l..''16 lot-et Let -- C-eLae gCoillizoov ruLF /? D � f /II �1 s� .�k•1.1' IVtej55 'ca r(iek- , .Kg, — Eh'2 2a -Dau i s cAep a � . or j4 A G. 1 ri 66-101A ---. k1A ere ckCoty,&scrl-evt c q.eeri2 .Co VOt Leidi� �,alt�r;f. 0 . co 61 0O4sv �SA. nc�1�n � ,� r�KS � �"1 r fvrzg 4v gituc(-;' Z wk 19VuCc t Environmental LDC Amendments Stakeholders Meeting April 3,2009 1:00 p.m. —3:40 p.m. Attendees identified themselves Stephen Lenberger presented items 1, 2 & 3 on the agenda Meeting was open up as a roundtable discussion. Roundtable items discussed consisted of the following: Created preserves and off-site preserve criteria amendment: Don't have criteria restricting when preserves can be created,just use the acreage allowances Ground cover spacing SFWMD uses 3' spacing Different types of ground covers establish at different rates Weeds a problem SFWMD allows different spacing for other strata, depending on species involved LDC amendment language: native habitats known to be utilized by listed species or that serve as corridors for the movement of wildlife wildlife corridors, and listed species nests,buffers and foraging habitat Corridors should be determined by wildlife agencies and not County staff The agencies look at wildlife utilization at a larger scale Foraging and listed species utilization an issue (Should also be determined by the agencies) Should require at time of final development order Discussion on CCME Policy 6.1.1 (10) Within one year of the effective date of these amendments, the County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or other appropriate method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off-site. The land development regulations shall provide criteria to determine when this alternative will be considered. The criteria will be based upon the following provisions: a. The amount, type, rarity and quality of the native vegetation on site; b. The presence of conservation lands adjoining the site; c. The presence of listed species and consideration of Federal and State agency technical assistance; d. The type of land use proposed, such as, but not limited to, affordable housing; e. The size of the preserve required to remain on site is too small to ensure that the preserve can remain functional; and f. Right of Way acquisitions for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. The land development regulations shall include a methodology to establish the monetary value, land donation, or other appropriate method of compensation to ensure that native vegetative communities not preserved on-site will be preserved and appropriately managed off-site. What constitutes listed species use under the restrictions section? Single gopher tortoises Single wading bird Other sections in code would allow off-site (trump restrictions) since small numbers of gopher tortoises could be relocated Consrevation Collier staff: Use appraised value to determine cost Only accept properties listed within the areas identified in the amendment LDC amendment language: within the project boundaries of Winchester Head,North Golden Gate Estates Unit 53, another multi-parcel project or any other land designated by Conservation Collier or contiguous to existing preserved lands. Environmental value/monetary value Management costs an issue $2,000 per acre average cost to manage land for Conservation Collier Up to $9,000 per acre—does not include management(staff) costs LDC amendment language: Exotics shall be removed in accordance with the time frames provided in 3.05.07 H(2). Negotiate maintenance fees Endowments would be preferred Use Conservation Collier actual costs for maintenance Have developer do all mitigation prior to donating land 25% minimum good for maintenance LDC amendment language: The monetary payment shall be equal to 125 percent of the average cost of land purchased by Conservation Collier during the last three years. LDC amendment language: Donations of land for preservation shall be made to a federal, state or local government agency established or authorized to accept lands for the conservation and management of land in perpetuity, subject to the policies and procedures of the receiving entity. The deed to the receiving entity shall specify that the receiving entity will accept and manage the land in perpetuity for conservation purposes. For lands donated to Conservation Collier, no less than 25 percent of the value of the land donated shall be provided to Conservation Collier as an endowment for management of the land. Fairness to public—otherwise absorb maintenance costs May want to consider mining as part of off-site preserve criteria Depends on where the preserve is located within the project. LDC amendment language: Land donated to satisfy the off-site vegetation retention requirement must be located entirely within Collier County and must not be used as mitigation for any other federal, state or county permit or approval. Mitigation parcels are not necessarily deeded to agencies. The owners can retain the property. If land is deeded, then allow them to count towards off-site criteria. Uses allowed include Siviculture, cattle, hunting Less than 5% of land used for mitigation is deeded to agencies Problems with having agencies accept lands Different agency conflicts in same area Can Conservation Collier still accept lands for purchase of lands after their time has run out? Conservation Collier staff will check into it but believe they can, Preserve dimensional criteria amendment: Incentive of less land to preserve—GMP conflict? Compatible adjacent uses such a golf courses, are also functional for certain types of listed species such as alligators and wading birds Largest contiguous area and preserve selection criteria already work with these criteria already in the Code when establishing preserves Site specific conditions dictate shapes of preserves Include the following language in amendment. If the existing native vegetation does not meet the minimum dimensions specified above and is required to be preserved pursuant to the preserve selection criteria in section 3.05.07,then the existing native vegetation may be used to satisfy the preservation requirement. Next Meeting: Next meeting probably in about 2 or 3 weeks Wednesday and Friday are good meeting days. Listed species amendment: No major problems with current draft of amendment Stakeholders will e-mail suggestions for minor text revisions to staff Native vegetation definition: Review flow chart diagram presented Jeremy Sterk Resolve one strata marsh issue saying "3 native strata" mean"all existing native strata intact for the type habitat" "1 native strata"would be "when one or two strata have been physically removed" "2 native strata"would be "when one strata have been physically removed" # 1 & 2 above would also have to have at least one strata vegetated with non-native species. This is especially true when the ground cover is non-native. At what point would #2 above not be considered native vegetation? Possible CCME conflict with#2 Natural recovery of native vegetation might be considered. Example: Twin Eagles cypress heads had only one strata but no non-native vegetation was present in the ground- cover. roundcover. Preserve native trees as part of open space requirement Possibly use % canopy for preservation requirement for just trees Consider diversity of tree species? Lee county criteria discussed Oaks mainly in Lee County Pines tees less likely to survive individually! Need to preserve as clusters. For restoration, incentivize if only one strata has to be planted If designated as preserve, then would probably have to be replanted if one or more strata are missing NATIVE VEGETATION ASSESSMENT\DEFINITION Assessment of each community must be made in context, i.e.freshwater marsh is only 1 strata. These type communities might be assessed on the basis of%exotics only. FIELD ANALYSIS 1 2 3 NATIVE NATIVE NATIVE STRATA STRATAS STRATAS INCENTIVEi . _ 1 1 t APPLICANT NOT '' WILLING TO 1 PLANT MISSING 1 STRATA .1 7 1 APPLICANT WILLING TO I ` NOT ' PLANT MISSING I I I NATIVE 1 STRATA NATIVE VEGETATION NATIVE VEGETATION .::. x__.,.. .. . (DEFICIENT 1 STRATA) NATIVE VEGETATION I- (SUPPLEMENTED) 1 %FOR � ' PRESERVE I ----L---. 1 ---I 1 TREE COUNT OR I V 1 SIMILAR , / .% • I PRESERVE% 1 I ' ASIS 1 1 i---- ---`, I NO REPLANT 1 %FOR 1 `. PRESERVE ' V I 1 • NO C.E.? ! MAYBE L.B.E' V OR PLACEMENT Conservation Collier Preserve Management Costs URBAN Preserve Acres Fiscal Year Price per acre Cocohatchee Creek 3.64 2005 $5,199 Otter Mound 1.8 2005 $14,514 TOTAL FY05 5.44 $8,281 Cocohatchee Creek 3.64 2006 $2,031 Otter Mound 1.8 2006 -$8,215 Railhead Scrub 13 2006 $4,266 TOTAL FY06 18.44 $4,210 Cocohatchee Creek 3.64 2007 $2,252 Logan Woods 6.78 2007 $7,661 Otter Mound 2.45 2007 $6,450 Railhead Scrub 23 2007 $4,400 Wet Woods 26.77 2007 $2,320 TOTAL FY07 62.64 $3,819 Cocohatchee Creek 3.64 2008 $563 Logan Woods 6.78 2008 $803 Milano 18.46 2008 $1,408 Otter Mound 2.45 2008 $6,495 Railhead Scrub 23 2008 $801 Wet Woods 26.77 2008 $148 Oetting 4.5 2008 $694 TOTAL FY08 85.6 $875 Cocohatchee Creek 3.64 2009 $1,523 Logan Woods 6.78 2009 $708 Milano 18.46 2009 $420 Otter Mound 2.45 2009 $11,605 Railhead Scrub 23 2009 $617 Wet Woods 26.77 2009 $276 TOTAL FY09 81.1 $840 AVERAGE PRICE PER URBAN ACRE FY04-FY09 $1,994 AVERAGE PRICE PER URBAN ACRE BY PRESERVE FY04-FY10 Cocohatchee Creek $2,314 Logan Woods $3,057 Milano $914 Otter Mound $9,229 Railhead Scrub $2,308 Wet Woods $915 Oetting $694 RURAL Preserve Acres Fiscal Year Price per acre Nancy Payton 69 2007 $202 TOTAL FY07 69 $202 Malt 13 2008 $1,200 Nancy Payton 69 2008 $113 Starnes 367.7 2008 $85 TOTAL FY08 449.7 $122 Malt 13 2009 $138 Nancy Payton 69 2009 $355 Starnes 367.7 2009 $75 TOTAL FY09 449.7 $119 AVERAGE PRICE PER RURAL ACRE FY04-FY09 $126 AVERAGE PRICE PER URBAN ACRE BY PRESERVE FY04-FY10 Malt $669 Nancy Payton $224 Starnes $80 Location of Conservation Collier Program Lands l ° ��� SR 82 SG O GO r CR 846 S,p 00 CO CC OIL WELL RD o. IMMOKALEE RD m w VANDERBILT BEACH GOLDEN GATE BLVD O ELI PINE RIDGE RD rn ' tli cr co GOLDEN GATE PKWY RADIO RD 1 75 DAVIS BLVD Gs 'j -qn,J q4,/T cr U) Legend Preserves Future Land Use Urban Lands Urban Lands X547 Future Land Use Rural Lands Agricultural / Rural Designation Agricultural / Rural Mixed Use District Conservation Designation RF-Sending _ � I 5 10 Miles Data Source:Parcels-Collier County Property Appraiser Co t Zer County Created By: Facilities Management/Conservation Collier/A.Karim G:\Conservation Collier\maps\Acquired properties\ Preservesbylocation3-2009.mxd and.jpg March 26.2009.